2003年-世界发展银行全球_Ghana___Country_Procurement_Assessment_Report_Volume_5_Annex_9_59页_658kb

Summary of Labour Clauses in Public Contracts in Ghana: Recent Experience in the Roads Sector

Core Content

This document provides an analysis of the implementation of labour clauses in public contracts within the roads sector of Ghana, focusing on the Social Aspects of Construction (SAC) Project. It outlines the policy context, practical challenges, and recommendations for improving procurement practices that promote employment creation, fair wages, and compliance with labour standards.

Main Objectives

• To assess the role of procurement in poverty reduction and employment generation.
• To evaluate the effectiveness of labour-based construction methods in the roads sector.
• To highlight the challenges and opportunities in incorporating labour clauses into public contracts.
• To make recommendations for improving the policy and practice around labour standards in public procurement.

Key Findings

1. Labour-Based Construction in Ghana

• Labour-based construction has been promoted since 1986 by the Department of Feeder Roads (DFR) with support from World Bank, ILO, USAID, DANIDA, and DFID.
• There are 93 C-class contractors (labour-based) and 195 small-scale contractors (A4 and C) trained under the Maintenance Performance Budgeting System (MPBS).
• Labour-based methods are 30% cheaper and generate 6 times more employment per dollar spent than equipment-based methods.
• However, equipment-based methods are still more common due to bureaucratic issues, lack of policy clarity, and contractor preferences.

2. Labour Clauses and Social Aspects

• The SAC Project aimed to integrate labour standards into DFR contracts, including:

  • Freedom of association and collective bargaining
  • Equality of treatment
  • Prompt wage payments
  • Regulation of working hours
  • Health and safety measures
  • Prohibition of casualisation
  • Social security coverage
  • Restriction of child labour
  • No forced labour
  • Awareness of HIV/AIDS issues

• These standards were included in DFID-financed contracts, with some provisions being more than necessary and requiring provisional sums for implementation.

3. Challenges in Implementation

• Enforcement of labour laws is weak in rural areas, with limited inspections and low awareness among workers.
• Social Security and National Insurance Trust (SSNIT) is resisted by workers due to the deduction of 5% from small earnings and lack of trust in the scheme.
• Contract monitoring is effective in the short-term but limited in the long-term due to the lack of training for consulting engineers in labour inspection.
• Collective agreements between contractors and trade unions do not fully support labour-based operations, and community monitoring of the impact of improved standards is underdeveloped.

Principal Recommendations

1. Explicit Labour Clauses should be included in all construction-related contracts to ensure fair wages, good working conditions, and compliance with legal standards.
2. A clear policy should be established to prioritize labour-based methods where they are technically feasible and cost-effective.
3. Systems for local monitoring should be introduced to ensure compliance, measure impact, and facilitate policy review.
4. Standardized contract documents should be developed to simplify procurement processes and ensure uniformity in the application of labour clauses.
5. Training programs for contractors and engineers should be expanded to support the implementation of social standards.
6. Support for small and medium enterprises (SMEs) should be strengthened, including equipment leasing, repackaging of contracts, and reduction of barriers to entry.
7. Collaboration with trade unions and community stakeholders should be increased to ensure representation and awareness of labour rights.

Conclusion

The SAC Project demonstrates that labour clauses can be effectively integrated into public contracts, but their broader adoption requires policy clarity, training, and monitoring mechanisms. The roads sector in Ghana presents a unique opportunity for poverty alleviation through employment creation, and the government and agencies should leverage this potential through improved procurement practices and labour standards implementation.